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MissBlue

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I have been contacted by several debt collectors within the past 6 months, regarding a debt of £532 owed to Lloyds bank. In one letter from the collecton agency they say you have had this money to spend, its only fair you pay it back. They are presuming it was an overdraft.

The truth of the matter is i stopped using the account when Lloyds failed to cancel a direct debit on the date i requested. Leaving me with a charge for not having enough in my account for the direct debit to be paid. I complained to them at the time askng the to drop the fee, as i considered it their error for not doing as i requested and stopped using the account. This all happened back in 2002 and i had not heard anything from them since until now and i find that this one charge has escalated into over £500.

 

I have tried explaining this to the agency via the telephone but they say they are just following clients instructions.

Are the debt people allowed to do this? just ask for money when its not owed, i have tried phoning Lloyds but they say they dont keep records of how and why a debt has occured, only of how much the debt is.

 

Am thinking it could possibly be caused by the overcharging business that was all in the news a while ago- could this be the case? It definately was never an overdraft, as i was a single unemployed mother at the time, a position that they would ever have agreed an overdraft to - I know this for a fact as i did apply for one twice when i was in dire financial straits but merely got laughed at

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Hello and Welcome, MissBlue.

 

When was the last time you made any sort of payment towards this 'alleged' debt ?

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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I never knew i had this debt until feb of this year, So i have never made a payment (and do not wish to as i feel i do not owe them)

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your speedy reply threw me and made me forget my manners...

 

Thank you for the welcome Scott and good morning to you:)

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I never knew i had this debt until feb of this year, So i have never made a payment (and do not wish to as i feel i do not owe them)

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

statute barred :lol:

sent them this if its from 2002

 

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi,

From what you say, the "debt" is statute barred anyway (no payment or acknowledgement in 6 years or 5 years in scotland)

 

Tell them to go forth and multiply. Actually don't, we don't want more of them :D


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Sound, then this 'alleged' debt will be well Statute Barred............

 

Send them this letter M from this link..........(Recorded)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Some info on Statute Barred debts................

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

So once you tell them the debt is Statute Barred, that should be the end of the matter :)

 

Forgot, Good morning, MissBlue.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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And that letter I would send to the collection agencies?

 

And they would have to accept it? or is it merely down to their discretion?

 

Thank you for this adice

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Adice being advice without a 'v'

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Once a debt is Stat Barred it stays Stat Barred, they know this and hope people don't know the law regarding Stat Barred debts.

 

Send them the letter, get proof of delivery and they should go away ;)

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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send the letter to the collection agency or Lloyds?

 

So i send them the letter(with proof of posting) then i can follow the fox's advice and give them the mutiplying line :lol:

 

Wil this have an effect / black mark on my credit record?

If Yes, how would i get that put right?

 

So sorry...so many questions, and such a small box

 

Thank you:smile:

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send to DCA


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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God, your worse than my wife :p

 

Like sam says, send it to the Debt Collector, it will not affect your Credit Record.

 

Have you checked your file.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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lappy trouble there:D

 

send to the latest collector(begger)

 

if any thing had been placed on your file it would have fell off by now(7 years)

 

after you have told them its statute should be the end of.

report them if they try it again.

 

yes send recorded.and keep your postage /signed for proof.

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Right have got all that :D

 

wil be sorting today :D

 

Thanks to Sam,:wink: I will double check on the dates - just to make sure....

 

 

and thanks to Scott

 

Me??....Worse than your wife?? :eek:

 

I must admit .......

 

Yes i probably am8-)

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